Accusations of the intoxicated operation of a vehicle could result in detrimental consequences for a Washington driver. If you are facing DUI charges in Washington, some of the penalties you may face include time behind bars, expensive fines, loss of driving privileges and more. There is a lot at stake for you, and it is in your interests to fight back by preparing a strong and thoughtful defense strategy.
One step in the preparation of your defense is to consider the evidence brought by the prosecution, including the Breathalyzer results. If you have concerns that the test results that ultimately resulted in your arrest could be wrong, you may be right. When there is a lack of proper maintenance by law enforcement for a Breathalyzer device, it can lead to inaccurate results.
Proper maintenance is crucial
The proper maintenance of a Breathalyzer device is critical for accurate results. In one state, many Breathalyzer tests were thrown out, ruled inadmissible in court for being inaccurate because of improper use. The intent of these devices is to give an accurate blood alcohol content reading after an individual breathes into it, and most of the time, these tests take place after law enforcement stops a driver for suspected DUI. They are sensitive devices, and regular calibration is one of the many factors critical for accurate readings.
A Breathalyzer must receive regular maintenance, including calibration. In order for the results of one of these tests to stand up in court, the integrity of the device must be without question. Human error is one of the most common reasons these devices may sometimes give inaccurate reasons. Unfortunately, these readings play a significant role in the decision to take a driver into custody and charge him or her with drunk driving. Law enforcement should have documentation that proves they regularly maintained and calibrated these devices.
Challenging the case against you
If you have concerns about the results of your Breathalyzer test and other aspects of the prosecution’s case, you do not have to remain silent. An assessment of your case and evaluation of the evidence against you could reveal a problem with the equipment used by law enforcement. Evidence of inaccurate Breathalyzer results, violations of your rights or other problems could be grounds to seek a dismissal of all of the charges against you.